BOH 39.2020 Approve Scott & Carol Sbrocco's Sewer Variance
RESOLUTION APPROVING SCOTT AND CAROL SBROCCO’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 39, 2020
INTRODUCED BY: Mrs. Amanda Magee
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Scott and Carol Sbrocco’s (Applicants) filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a
replacement leaching system:
1. 8’ from the easterly property line in lieu of the required 10’ setback; and
2. 5’ from the southern property line in lieu of the required 10’ setback;
on property located at 2952 State Route 9L in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
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variance request on Monday, September 14, 2020, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
Applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Scott and
Carol Sbrocco for variances from the Sewage Disposal Ordinance to install a replacement leaching
system:
1. 8’ from the easterly property line in lieu of the required 10’ setback; and
2 5’ from the southern property line in lieu of the required 10’ setback;
on property located at 2952 State Route 9L in the Town of Queensbury and bearing Tax Map No:
239.20-1-13, and
BE IT FURTHER,
RESOLVED, that this Resolution is contingent upon there being sufficient barriers
permanently placed and maintained to prevent parking over the infiltration bed, which barriers must be
approved by the Town’s Director of Building and Codes Enforcement in advance of construction, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by
certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice
to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park
Agency during such period.
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Duly adopted this 14 day of September, 2020, by the following vote:
AYES : Mr. Ferone, Mrs. Magee, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: None